Equal access to justice: The impact of Ohio's legal aid societies

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by Stephanie Beougher

“When funds for civil legal services are unavailable to provide
service to eligible clients, the impact on all segments of society is
detrimental to the administration of justice.” — OSBA President Carol
Seubert Marx, Sept. 13, 2011

A little more than 15 years ago, Ilah Adkins was a young mother of
two and barely 30-days sober when she walked into the office of the Legal Aid
Society of Cleveland. Adkins did not have a steady job or a permanent home, and
she needed help getting out of an abusive marriage.

“My legal aid attorney, Alexandria Ruden, specialized in working
with women in abusive situations. She asked me questions that challenged me to
consider the direction of my life.” That encounter changed Adkins’ life. She
went on to earn a bachelor’s degree in political science from Cleveland State
University and a law degree from the Cleveland-Marshall College of Law. In 2011,
Adkins was named the agency’s board president. “Legal Aid’s services gave me the
stability I needed to find my way out of poverty. In this difficult economy,
hardships for people are increasing, and Legal Aid has to meet ever-growing
demands with limited resources. There is immense need for more pro bono legal
assistance and financial support.”

While Adkins’ story may not be typical, there are many other
Ohioans who have benefitted from legal services. In 2010, the five legal aid
societies covering all 88 counties of Ohio handled more than 70,000 cases.
According to the Ohio Legal Assistance Foundation’s 2010 Annual Report, legal
aid societies helped more than 164,000 low-income individuals and families with
cases such as child custody, housing discrimination and employment rights. The
Legal Aid Society of Cleveland has seen a 14 percent increase in intake since
2008, with the largest area of increase in foreclosures. “The reality is that if
we had more people to answer the phone, and if we had our phone lines open 24
hours, we would see that intake double or triple,” said Executive Director
Colleen Cotter.

Mortgage nightmaresGary and Kay Reisinger own a home in
Pike County on 1.97 acres nestled between Piketon and Beaverton in southern
Ohio. In 2008, the Reisingers turned to Southeastern Ohio Legal Services for
help when their bank began foreclosure proceedings. They were able to save their
home of eight years by negotiating a loan modification. Everything was settled,
or so they thought. About a year later, the mortgage company started a new round
of problems for the family. “It’s been a nightmare,” Mrs. Reisinger recalls. “We
were constantly harassed to change our loan agreement, and they started
rejecting our payment. We tried working with them but they wouldn’t cooperate.”

With no money to hire a lawyer, the Reisingers once again turned
to legal aid for help. Melissa Benson, staff attorney at Southeastern Ohio Legal
Services, worked on their case. “After months of negotiation, we’ve been able to
work out a settlement that will allow the Reisingers to remain in their home
with a mortgage payment that they can afford,” Benson said.

Betty Bright of Fairfield County understands what the Reisingers
are going through. The U.S Department of Agriculture (USDA) started foreclosure
proceedings in 2008 against Bright on the loan for her home of 25 years. Bright
remembers the shock when she received the notice of acceleration on the loan. “I
sent a payment that somehow got lost and a few months later they foreclosed on
me. They seemed ready to dump my loan.”

Disabled and unable to work, Bright knew she needed legal help but
had no way to pay for it. Then, she remembered an article in the local newspaper
about the legal aid society office in Lancaster. She took her notice of
acceleration and knocked on Chuck Gordon’s door at Southeastern Ohio Legal
Services.

“Our office went about appealing that for her, but the address the
USDA included in the letter was incorrect and the appeal came back,” Gordon
said. “That meant our appeal was not timely and the foreclosure process
continued.”

Gordon adds the USDA admitted the address mistake and not only
negotiated a settlement so that Bright could keep her home but also suspended
foreclosures against 340 other homeowners nationwide who had received the
incorrect address. As for the missing payment that prompted the foreclosure
action, it finally showed up as credit on Bright’s account. “I was so
overwhelmed when I first got that notice,” Bright said. “I am so glad I handed
all this over to Mr. Gordon. He saved me.”

Domestic discord Rosiland Pettaway of Toledo had been
married 12 years when she decided to file for divorce. Pettaway, legally blind
and unable to work, was concerned about her future since her husband was making
minimum wage and the prospects of spousal support were dim. Lucinda Weller, an
attorney at Legal Aid of Western Ohio, was assigned the case. “We took a
holistic approach to Rosiland’s case,” Weller said. “In addition to handling the
divorce, we found a group that helped her address some health issues and provide
insurance for her eye surgery.”

Thanks to the surgery, Pettaway is able to see and work as a
seamstress again to support herself. She gushes when she talks about what Weller
did for her. “Ms. Weller helped me stay in my home. I think I would have been on
the street or in a shelter because I wouldn’t have had any money. She also
comforted me and boosted me up when I got down.”

Life-changingPenny Hamilton’s life was spiraling out of
control. Her abusive husband was controlling every aspect of her life, making
her a prisoner in their home. “After seven years of marriage, I wasn’t allowed
to work or go outside without my husband, and I couldn’t have 50 cents in my
pocket.” Hamilton tried to leave, but held back when her husband threatened
either suicide or harm to her two children and her mother. With her health
failing and her children grown and out of the house, Hamilton knew the time had
come for her to make a move.

She contacted Legal Aid of Western Ohio to get a protection order,
and attorney Joseph Warden guided and encouraged her through the process and
divorce. Warden chokes up when he talks about the case. “It was a very emotional
case. I admire Penny’s extraordinary courage and strength she showed to do this.
She was so trapped and victimized she didn’t know what to do, but today you see
a different person in front of you.”

Hamilton credits Warden with saving her life. “Without him and
legal aid, I would have spent the rest of my life in a bedroom very, very sick,
but instead I am living a very full and productive life.”

Since the divorce, Hamilton’s health has improved—she has lost 90
pounds—and she has gone back to work in medical billing and as a college
instructor. She also serves on the Legal Aid of Western Ohio Board of Trustees.

“I sometimes wonder why I had to go through all of this. Standing
here today stronger than I have ever been in my life and helping others who are
suffering through domestic violence—I am starting to see the purpose.”

The future of legal aidAs the demand for legal aid
continues to increase, federal and state budget cuts have meant a decrease in
funding. According to the Ohio Legal Assistance Foundation’s 2010 annual report,
financial support for legal services in Ohio has dropped by approximately 77
percent between 2007 and 2010.1 Funding on the national level for the
current fiscal year approved by Congress has been set at $348 million—more than
$100 million less than the funding requested by the Obama Administration.

Legal Aid Society of Cleveland’s Colleen Cotter knows the reality
of less funding means serving fewer people. “However, even in light of that
difficult reality, I am confident that the legal aid societies are here to stay.
We may for the near future be smaller than we have been, but we will be strong,
and we will continue to provide high-quality legal assistance to our clients
through difficult times.” Cotter calls on Ohio’s legal community to continue to
assist legal aid societies by volunteering and providing financial support.

Siobhan Clovis of Reese Pyle Drake & Meyer PLL in Newark was a
public defender before going into private practice. To continue to “champion for
the underdog,” she volunteers for the Save the Dream project through the
Southeastern Ohio Legal Services’ Newark office. “I feel volunteering for pro
bono cases is something lawyers should do,” Clovis said. “We understand the
complex laws of our society and it’s our responsibility to make sure people can
navigate the legal system—particularly those who can’t otherwise afford an
attorney.” (View video of Clovis explaining why she volunteers
for pro bono work.)

Ohio State Bar Association President Carol Seubert Marx
understands the sacrifice it takes to be a pro bono volunteer. “I want to
personally thank our members who have committed their time and energy to
staffing pro bono clinics, taking referrals from legal aid offices, saying yes
when asked to participate in foreclosure hearings or participating in our
statewide appellate district pro bono projects,” Marx said. “At a time when many
of our members are having a difficult time meeting their own expenses, they
continue to step up and provide free legal assistance for those in need.”

One area Marx hopes to address is the influx of pro se litigants.
She says the OSBA Access to Justice Committee will look at ways to help courts
deal with the influx and freeing up legal aid funds for the truly needy by
redirecting clients that have the financial means away from legal aid to the
private bar. “We have to be willing to think outside the box to address these
serious issues that will continue to affect our judicial system, the citizens of
Ohio and our profession for years to come.”

For volunteer opportunities, go to www.ohioprobono.org, a fully searchable
directory by county, zip code, type of opportunity and subject area.

Stephanie Beougher is the OSBA communications and online media
associate.